01/28/2009 Agenda
REVISED AGENDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Any person who wishes to be heard shall provide the Clerk with his or her name and residence
and the agenda item on which he or she wishes to be heard. Such information shall be on a card
provided by the County. Once public input begins, there will be no further speaker cards
allowed to be submitted to the Clerk for that subject. An individual has three minutes and a
person representing an organization has five minutes to address the Board (except that
individuals wishing to speak during public hearings pertaining to land use issues will have five
minutes). The first person representing the organization will be allowed the five minutes.
Subsequently, all other speakers on behalf of that organization have three minutes to address the
Board. Once an individual has addressed the Board, he or she will not be permitted to return to
the podium for follow-up comments, unless the issue involved is quasi judicial in nature. In that
case, the applicant may return to the podium to conclude his or her position at the end of the
public hearing.
Please note that all time approximate items are listed in bold.
Wednesday, January 28, 2009
The Harvey Government Center
at Historic Truman School
1200 Truman Avenue
Key West, Florida
9:00A.M. - Regular Meeting
3:00 P.M. - Public Hearings
TIME APPROXIMATE
REGULAR MEETING
9:00 A.M.
CALL TO ORDER
INVOCATION
SALUTE TO FLAG
A. ADDITIONS, CORRECTIONS, DELETIONS
B. PRESENTATION OF AWARDS
I. Presentation of Years of Service Award for 15 years of service to
Monroe County to Mark Anderson, Sr. Technician, Maintenance,
Facilities Maintenance, Public Works Division. VIEW
1
B.
PRESENTATION OF AWARDS - CONTINUED
2. Presentation of Employee Service Award for the Month of
November 2008 to Christine Thompson, Systems Analyst,
Technical Services Division. VIEW
3. Presentation of the Employee Service Award to Mike Nalepa,
Construction Inspector Supervisor, for the month of September
2008. VIEW
4. Mayor's Proclamation declaring the month of February 2009 as
Water Quality Awareness Month. VIEW
5. Mayor's Proclamation declaring the first week of February 2009 as
Bahama Conch Community Land Trust Week. VIEW
6. Mayor's Proclamation declaring January 28, 2009 as Tanju
Mishara Day. VIEW
v
C.
Bl!1K APPROVALS - COMMISSIONER CARRUTHERS
Y Approval ofa Workers' Compensation Settlement in the amount of
Fifty-five thousand dollars, $55,000.00 (inclusive of attorney fees)
for file #0502 1 200-GB. VIEW
Approval of Resolution authorizing the District 16 Medical
Examiner to establish fees to be charged to third parties for
specific services. VIEW
Approval for Orion Bank to continue to rent space at the Key West
International Airport, for an Automated Teller Machine on a month
to month basis pending a lease extension agreement. VIEW
Approval for the Transportation Security Administration to
continue to occupy space at the Key West International Airport on
a month to month basis, pending a supplemental lease agreement.
VIEW
~ Approval to advertise a Request for Qualifications for Airport
Consultant Services, for the Key West International Airport, and
the Florida Keys Marathon Airport. Approval for Airport Staff to
review responses and provide a short list of three firms who will
deliver brief presentations to the Board. VIEW
/ Approval of a Renewal Agreement by and between the Board of
County Commissioners of Monroe County, Florida and Emergency
Medical Sciences Academy, Inc. (EMS Academy) to provide an
/ emergency medical services (EMS) training environment. VIEW
..::r. Approval to submit grant applications to the Florida Department of
Health, Bureau of Emergency Medical Services, to fund EMS
related equipment and to have the applications signed by the
/ proper County authorities. VIEW
~ Approval to refund $200.00 to Clyde Allen (A Natures Sanctuary,
Inc.) to adjust the price he paid for surplus County Unit #3200-
098. VIEW
c!:
~
2
BuLK APPROVALS - CONTINUED
v!. Approval to award Public Works surplus items as described in
attached Recap of Bid Opening on December 4,2008. (Items 1,3,
4,6,7,9,10,15,16,18,19,24,27,28,31,32,33,34,35,41,44,
/ 45,47,49,56,57,58,59,60,61, and 62). VIEW
...Kl. Approval to transfer title to County vehicle number 0903-1007
(serial number ID7HA16K02J224760) to the Monroe County
/ Sheriff's Office. VIEW
u1. Approval to transfer title to County vehicle number 0940-515
(serial number IB7HC16X1XS231377) to the Monroe County
School Board. VIEW
Approval to transfer title to County vehicle number 1419-087
(serial number 2FAFP71 W9XX 109382) to the Sugarloaf
Volunteer Fire Department. VIEW
Approval of Amendment to Franchise Agreement with Waste
Management, Inc. of Florida, permitting the Franchisee to collect
regular vegetative waste at the same time that residential solid
waste is collected. VIEW
Request for BOCC approval to initiate bid process for the food
service contract currently held by GA Food Service, Inc. which
provides food to both the Nutrition Department and Bayshore
Manor. VIEW
Approval of an amendment to the agreement between Monroe
County Community Transportation Coordinator/Guidance Clinic
of the Middle Keys and Monroe County Board of County
Commissioners for contract period of 01/01/2008 through
12/31/2008. VIEW
Approval of the receipt of monthly report on change orders
reviewed by the County Administrator's Office. VIEW
Approval for the installation of a streetlight at the intersection of
USI and Raffy Road, MM 21 Yz, Cudjoe Key. VIEW
Approval to negotiate a contract with Architects Design Group,
Inc., for professional services for the design, contract documents,
and project administration of the Monroe County Emergency
Operations Center in Marathon. VIEW
Approval of various resolutions for the transfer of funds and
resolutions for the receipt of unanticipated revenue. VIEW
Approval to advertise a public hearing for a Budget Amendment
for One Cent Infrastructure Sales Tax Fund 304, 2003 Revenue
Bonds Fund 307, 2007 Revenue Bond Fund 308 and Big Coppitt
Wastewater Project Fund 310. VIEW
Approval of a new contract with Buccaneer Courier for a period of
two years commencing on March 16th, 2009 and ending on March
15th 2011 with an option to renew for 2 additional 2 year periods.
The current contract for Monroe County's courier service expires
on March 15, 2009. VIEW
C.
vi
Icj~
...,<< .
AS':
.16.
~
.>>'
/
{;/ $
3
C. BULK APPROVALS - CONTINUED
:;;l. Approval of Funding Agreement with State of Florida, Department
/ of Emergency management for reimbursement of expenses related
to Tropical Storm Fay. VIEW
23. Approval of Funding Agreement with State of Florida, Department
of Emergency Management for reimbursement of expenses related
to Hurricane Ike. VIEW
~. 1'OORIST DEVELOPMENT COUNCIL
v( Approval is requested to advertise FY 2010 Event RFP. VIEW
2. Approval is requested to advertise TDC FY 2010 Capital Project
RFP. VIEW
Y Approval to rescind Agreement with Dolphin Research Center,
Inc. for their Parking Lot Project in an amount of $33,000. VIEW
Y Approval of an Agreement with Upper Keys Business Group, Inc.
covering the Key Largo Food & Wine Festival between July 31,
2009 and August 8, 2009, in an amount not to exceed $15,000,
DAC V, FY 2009 Event Resources. VIEW
Y Approval of an Agreement with Key West Business Guild, Inc.
covering Womenfest on September 8-13, 2009 in an amount not to
exceed $20,000, DAC I, FY 2009 Event Resources. VIEW
/' Approval of an Agreement with Phil Peterson's Key West Poker
Run LLC covering the Phil Peterson's Key West Poker Run on
September 17-21, 2009 in an amount not to exceed $35,000, DAC
1, FY 2009 Event Resources. VIEW
q( Approval of an Amendment to Agreement with Redbone, Inc. to
revise Exhibit B (budget) of the Agreement covering the Mercury
SLAM Celebrity Tournament. VIEW
...g:" Approval of an Amendment to Agreement with Capt. Terry Fisher
covering the Captain Leon Shell Memorial Sailfish Tournament to
revise dates of event to February 27-March 1,2009. VIEW
,}Y. Rescind Agreement with Florida Keys Land & Sea Trust, Inc. for
the production of the Bahamian Heritage Festival in
JanuaryfFebruary,2009. VIEW
$ Approval of an Agreement with Key West Tourist Development
Association, Inc. covering Fantasy Fest 2009 between October 23-
November 1,2009 in an amount not to exceed $108,000, FY 2009
Event Resources. VIEW
4
E. S~F REPORTS
.r' ~ AIRPORTS
2. BUDGET & FINANCE
3. EMERGENCY SERVICES
V4/4 EMPLOYEE SERVICES
0..1 ENGINEERING
. GROWTH MANAGEMENT
7./ PUBLIC WORKS
~ TECHNICAL SERVICES
F. / ENGINEERING
J--- 1. Request approval of Third Amendment to Supplemental
Agreement for Road and Bridge Funds between Islamorada and
Monroe County, to extend the termination date of the agreement
~ and allow additional time for the Village to make roadway
improvements funded by the County. VIEW
- 2. Discussion on Solid Waste Analysis Report. VIEW
~~~LOSED SESSIONS
2:00 P.M. I 1. An Attorney-Client Closed Session of the Board of County
Commissioners in the matter of Lloyd Good v. Monroe County,
Case No. CA K 01-97. VIEW
2: 20 P.M. 2. An Attorney-Client Closed Session of the Board of County
Commissioners in the matter of Monroe County v. Bender &
Associates, CA K 03-915. VIEW
2:40 P.M. 3. An Attorney-Client Closed Session of the Board of County
Commissioners in the matter of Galleon Bay vs. Monroe County v.
State of Florida, CAK-02-595. VIEW
H. DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS
Y Approval of a resolution confirming the action taken by the BOCC
at a public hearing during the meeting of December 17, 2008,
awarding Administrative Reliefto Judi's House Inc. in the form of
a residential market rate ROGO allocation on Parcel 7, White
Heron Estates A Condominium, Sugarloaf Key RE#
00172070.000700 with the condition that the owner grant a
conservation easement to Monroe County on Parcels 4 & 5, White
Heron Estates A Condominium Sugarloaf Key, RE# 00172070-
000400 and 00172070-000500. VIEW
5
1:30 P.M.
H.
GROWTH MANAGEMENT - CONTINUED
V Approval of a contract amendment to Contract PL-029 (now
#08150) to change the grantor from Florida Department of
Environmental Protection (FDEP) to Florida Fish and Wildlife
Conservation Commission (FWC) and to modify the type of grant
reimbursement allowed under the contract to include "cost
reimbursement". VIEW
Approval of Easement by and between Mouroe County and
Islander Village, LLC., grantors and the Key West Resort Utilities,
Corp. Grantee and rescission of easement previously granted on
November 19,2008. VIEW
Direction is requested from the Board of County Commissioners
concerning Ordinance 023-2008 pertaining to gross acreage
density calculations for affordable, employee and workforce
housing; which amends the text of the Year 2010 Comprehensive
Plan to allow maximum net density calculations for affordable,
employee, and workforce housing to be calculated on a gross
acreage basis while retaining open space, setback and buffering
requirements. VIEW
Execution of Consent to Assignment by the Mouroe County Board
of County Commissioners consenting to the collateral assignment
I by Northstar Resort Enterprises Corp. (Northstar) to both Biscayne
Bank and to Spectrum Mortgage Group Inc. VIEW
. Approval of resolution adopting amendments to the Local Housing
Assistance Plan to include Incentive Strategies required by F. S.
420.90.76. VIEW
./
~/
vi
I.
WASTEWATER ISSUES
;ILK:' Report to update the status of Wastewater projects through
December 2008. VIEW
. Approval to execute Florida Department of Environmental
Protection (FDEP) Fiscal Year 2008-2009 Grant Agreement
/ for $100,000. VIEW
~ Discussion and approval of 2009 update to Monroe County
Sanitary Wastewater Master Plan that delineates boundaries
of the Cudjoe Regional centralized wastewater treatment
system. VIEW
J.
~ROECOUNTYSHEroFFDEPARTMENT
v-f. Approval of a request for expenditure form Law Enforcement
Trust Fund. VIEW
6
K. NROE COUNTY HOUSING AUTHORITY
Approval of a resolution of the Board of County Commissioners of
Monroe County, Florida approving a revision to the Local Housing
Assistance Plan, Homebuyer Assistance Strategy and providing for
/ an effective date. VIEW
13/ Approval of a resolution of the Board of County Commissioners of
Monroe County, Florida, correction a scrivener's error contained in
Resolution No. 108-2008. VIEW
L. jMMISSIONERS' ITEMS
. MAYOR NEUGENT - Discussion of Florida Keys Commercial
/ Fisherman request of support from the Board of County
Commissioners on their request of waiving of Spiny Lobster Tag
Fee for 2009 from the Florida Fish & Wildlife Commission. VIEW
2. MAYOR NEUGENT - Discussion by the Board of County
? . I ~ Commissioners regarding future policy on the naming of public
7 . / buildings. VIEW
V/ COMMISSIONER WIGINGTON - Approval of Appointment of
John Hernandez to the Community Development Block Grant
(CDBG) Citizens Advisory Task Force. Term Ending 1/28/13.
/ VIEW
vY.' COMMISSIONER DI GENNARO - Approval to reappoint Tom
/' Neville to the Duck Key Security District Advisory Board. VIEW
.Y COMMISSIONER CARRUTHERS - Approval of the
reappointment of Michael Shields to the Library Advisory Board.
/VIEW
&/ COMMISSIONER CARRUTHERS Approval of the
appointment of Jeffrey A. Harwell to the Art in Public Places
/,Committee. VIEW
J/ COMMISSIONER CARRUTHERS Approval of the
/ appointment of Tracey Holst to the Community Development
Block Grant Citizens Task Force. VIEW If~v.f
. COMMISSIONER CARRUTHERSI.1ReMlution of the Board of
County Commissioners of Monroe County, FL to recognize the
/ need for the United States Postal Service to maintain current levels
of service in Key West and the Keys. VIEW
COMMISSIONER CARRUTHERS - Discussion regarding
--'0/. alternating the order ofroll call voting at BOCC meetings. VIEW
vfO. COMMISSIONER CARRUTHERS Discussion and
subsequent amendment to the Administrative Procedures regarding
seating order of the Commission at the BOCC meetings. VIEW
7
L. C9MMISSIONERS' ITEMS - CONTINUED
.."n. COMMISSIONER CARRUTHERS - Discussion concerning
staff review of FDOT plans for Big Coppitt to ensure that traffic
patterns are safe and adequate to accommodate current traffic
levels and potential additional trips resulting from the two new
Habitat for Humanity affordable housing developments, a potential
Coconut Cove development in Big Coppitt and the additional
Habitat development planned for Cudjoe. Designate staff
responsible for review and establish timetable to update the Board
. _/ as to staff findings and action taken. VIEW
JZ. COMMISSIONER DI GENNARO - Approval of appointment of
Derrick Johnson to the Community Development Block Grant
(CDBG) Citizens Task Force as the District 4 Representative.
/ VIEW
)1. COMMISSIONER CARRUTHERS - Discussion and direction
:ygarding recycling in County-owned buildings and possible
/recycling initiatives in conjunction with waste removal contracts
. ,./ Countywide. VIEW
V'+. / COMMISSIONER CARRUTHERS - Discussion and direction
regarding County highway sign policy and coordination with
. / FDOT requirements. VIEW
\,/5. COMMISSIONER MURPHY - Approval of the appointment of
Anna Nickerson to the Community Development Block Grant
. / (CDBG) Citizens Advisory Task Force to a four year term. VIEW
. ~o \1" COMMISSIONER DI GENNARO - Discussion and direction
~. regarding current status of County insurance issues. VIEW
/17, COMMISSIONER DI GENNARO - Discussion and Board
. . authorization of a written request to FEMA introducing Resolution
#513-2008 and requesting a meeting following the next BOCC
Regular meeting on February 18,2009. Letter from BOCC will
be accompanied by letters of support from Congresswoman Ileana
Ros-Lehtinen and State Representative Ron Saunders. County
staff is asked to compile revised implementation options and work
with interested parties, as per the aforementioned resolution, for
BOCC approval to propose to FEMA by the next BOCC meeting.
A formal meeting with FEMA will not occur until that time. VIEW
M. COUNTY CLERK
1. Report
if Official approval of the BOCC minutes from the Special
BOCC meetings held on December 3, and 8, 2008 and
Regular BOCC meetings held on November 19 and December 17,
/ 2008 (previously distributed).
v{ Approval of Warrants. VIEW
8
M. COUNTY CLERK - CONTINUED
vV" Approval of Tourist Development Council Expenditures for the
/ month of December, 2008. VIEW
/1". Approval to remove surplus equipment from inventory via disposal
or advertise for bid. VIEW
. Consideration by the Board to rescind the approval of an Interlocal
Agreement between Monroe County, and the Florida
Keys Aqueduct Authority, and the municipalities of Key West,
Islamorada, Layton, Key Colony Beach and Marathon for multi-
/ jurisdictional coordination and cooperation regarding water supply,
use and reuse and alternative water supplies. VIEW
. Approval of Public Official Bond for Danny L. Kolhage, Monroe
Aunty Clerk of Court.
N. TY ADMINISTRATOR
. Report - VIEW
/'1--. -'2./ 2. Approval to rescind and to reappoint a Commissioner to the South
()J .!/~ . Florida Water Management District. VIEW DELETE
/ Approval of Public Official Bond for Danise Henriquez, Monroe
/ County Tax Collector. VIEW
v4. Discussion and approval of one appointment to the Historic
./' Preservation Commission. VIEW
......s. Approval to award Monroe County Health Department surplus
items as described in attached Recap of Bid Opening on December
4,2008. (Items 50, 51 and 52). VIEW
6. Approval/confirmation of Administrator's appointment of Robert
G. Nix as the Senior Director of Planning and Environmental
_ ~ Resources. VIEW
.t>f. Approval to move forward on the County Administrator's Strategic
Planning Initiative. VIEW
/ Approval of Lease Agreement with Southernmost Homeless
LAssistance League (SHAL) for office space located in the Gato
Building, 1100 Simonton Street, Key West. VIEW
X Discussion and direction to staff regarding Federal & State
lobbying efforts. VIEW
. Approval/confirmation of Administrator's appointment of James
>I~' / Callahan as Monroe County Fire Chief/Division Director. VIEW
~ Discussion and direction of potential regionalization of Fire
Rescue services. VIEW
O. ~UNTY ATTORNEY
{V Report. (To be provided)
~. Direction re RFP for air ambulance services. VIEW
9
UNTY ATTORNEY - CONTINUED
Approval to advertise a public hearing for an Ordinance to impose
a five-cent local option motor fuel ("gas") tax; to clarify the
statutory authority for the existing six-cent "gas" tax, and to revise
the distribution language for the existing "gas" tax since
municipalities have incorporated since the prior ordinance was
enacted. VIEW
~. Approval to advertise a public hearing for an Ordinance to impose
~ p a ninth-cent local option motor and special fuel ("gas") tax. VIEW
~ Approval of Seventh Amended Settlement Agreement in Richard
vf M. Osborne & Conch Contrada LC v. Momoe County & Joe
Paskalik, CA K 01-108. VIEW
6. Request by property owner Michael Cristler for further mitigation
/offines in Code Enforcement Case CE05050056. VIEW
,;:v.' Approval to invoke the Florida Supreme Court's discretionary
jurisdiction to review the Third DCA's decision in Collins, et. al.
v. Momoe County and State of Florida 3D07-1603 (Lower
Tribunal No. 04-379), dated December 31, 2008. VIEW
Authorization to institute collection proceedings and/or enter
settlement negotiations with Adam Harper in Code Enforcement
Case CE06090198. VIEW
Approval to schedule an Attorney-Client Closed Session of the
Board of County Commissioners in the matter of Tropex
Construction Service, Inc. vs. Momoe County, CA P 06-44 to be
held at the regularly scheduled meeting in Key Largo on February
C 18,2009. VIEW
.Y/ 10. Waiver of potential conflict of interest for Messrs. Robin
QY" L Lockwood and George Galvan, members of District Advisory
.. ~ommittee to the TDC (District I). VIEW
J.Y ~equest by property owner HSBC Bank USA for mitigation of
fines in Code Enforcement Cases CE07060155 and CE07070042
to $5,300.00. VIEW
Approval of assignment of Certificate of Destruction to Florida
Keys Towing, and authorization for County Administrator to
execute the assignment. VIEW
Direction as to the number ofEDU's or units to be exempted from
system development charges of Key Largo Wastewater District
(KL WTD) for Burton Drive Affordable Housing Project. VIEW
Approval of amended budget for the legal services of Kaplan,
Kirsch and Rockwell raising the not to exceed amount from
./ $75,000 to $77,815. VIEW
U'S. Approval of Resolution to extend the default date for the SHIP
mortgage issued to Woods Comer. VIEW
:;
~
{<;
~
/ "
4/----
~
10
O. UNTY ATTORNEY - CONTINUED
6. Approval to advertise a public hearing for the purpose of adopting
and implementing a Monroe County False Claims Ordinance to
deter persons from causing Monroe County to pay claims that are
false, fraudulent or inflated and providing enforcement and
providing penalties including damages for the submission of false
claims to the county. VIEW
~:/APProVal of settlement agreement in Monroe County v. Bender
and Associates, P.A., et al., CA K 03-915. VIEW
. Approval to file lawsuit for injunctive relief against The Martinez
~ Family Trust and Leo Miller. VIEW
~ 19. Approval of First Amendment to Lease Between Strombus
(f"'!' I Corporation and Monroe County, Florida, on Behalf of Public
Defender Offices. VIEW
3:00 P.M.
P. ~u C HEARINGS
1 A public hearing to consider adoption of an Ordinance
adopting a new Code of Ordinances (re-codification of existing
Monroe County Code) for Monroe County, Florida. VIEW
ADA Assistance: Anyone needing special assistance at the Board of County Commissioners'
meeting due to a disability should contact the County Administrator's office at 292-4441 by
12:00 p.m. on Friday, January 23,2009.
11
~A.M.
,ft:OO P.M.
~OP.M.
~.~..
~.M.
~P.M.
4P.M.
~5P.M.
~.M.
AGENDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
WEDNESDA Y,JANUARY 28, 2009
TIMES APPROXIMATE
Board of County Commissioners Regular Meeting
Lunch Break
Il/B - Wastewater
Gl - Closed Session ~
G2 _ Closed Session *" C ~ JJJ /---W... ~
G3 - Closed Session
Pl- Public Hearings
L2 - Commissioner Neugent
Ll6 - Commissioner DiGennaro